West v. State

KRUEGER, Judge.

The offense is negligent homicide in the second degree; the punishment assessed is a fine of $100.00.

Appellant was charged by complaint and information with having negligently and carelessly caused the death of Gilford Barnett by the operation of a motor vehicle upon a public highway, said vehicle not being provided with adequate brakes in good working order.

This prosecution arose under and by virtue of Art. 1239 P. C. which provides: “Negligent homicide of the second degree can only be committed when the person guilty thereof is in the act of committing or attempting the…